Origin and development of IPR
It is an ancient concept, it is not a modern concept it may be new with regards to IPC , CpC .
We have always given recognitions to people who are talented intellectually capable of creating innovation. Till date they have always got recognition and they’ve always got the respect in the society and accordingly the financial or commercial benefits coming out of that invention .So an Italian inventor got the first modern patent in 1421 .Robin Jacob pressure of intellectual property as ancient as it can be traced back to as early as 600 BC .
-In the 6th century BCE ,Sybaris in Ancient Greek use to get one year of protection on culinary inventions which were created by bakers
-The first patent related to law was pinched during the year 1623 , it was not directly related to IPR but was related industry specific monopoly .Establish , the statue of Monopolies emboldened select groups of individuals to control their industry.
Thus, publishers owned most of the rights associated with authored works and with the author assuming the losing position ,amendments were placed modern as version of written word license: the copyright.
WIPO was formed on 14th July 1967 under Stockholm convention.
It is a specialised body with it head quarter in Geneva.
Its function is to ,
-To promote IP rights and knowledge nations about the importance and significance of Intellectual Property Rights and how they can protect IPR.
-To offer legal tech help to nations
WTO was then introduced
On 15th April 1994 , WTO was signed and came onto existence while it started functioning from 1st January 1995 , it was decided that WIPO and WTO would work hand in hand . They signed TRIPs together
It is a mandate attached with WTO that all the member state of WTO need to follow the topics covered under TRIPs.
TRIPs basically covers and protect 7 categorise of IP rights ,
copywrite and related rights , trademark, geographical indication , industrial design , patent ,layout design of integrated circuit , protection of undisclosed information.
It also talks about Control of Anti – competitive practises in contractual licences .
A dispute settlement body was formed under TRIPs , its major function was to do a follow up on the decisions made by WTO, if its being followed or not and also they were empowered to establish panels , constitute appellate body , adopt panel reports.
What was the need to introduce IPR in our nation?
Previously , there were people who use to take credits of the other’s work
It all started with the issue between India and US
US granted patent on turmeric by US Patent Office . The issue was the patent granted by the US Patent office on turmeric to University Of Mississippi medication centre in 1995 for its wound healing properties ,they claimed that its their invention that haldi has healing properties and formula while our nation has been using method for healing since Vedic period
India revolted for the with US
and since it was a dispute between the countries , discussion were made in WTO(World Trade Organisation)
India fought for its right in the Organisation and WTO declared Patent rights in favour of India
From here our nation got the idea or say brain to get our patent rights and introduce different Acts for IPR.
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